NEW YORK – Senator Ruben Diaz (D-Bronx) said the gay marriages performed Sunday are illegal and plans to file a lawsuit over the matter.

Speaking at the "Let the People Vote" rally Sunday, Diaz said he will file a lawsuit in the New York court system next week to challenge the judicial waiver that allowed same-sex couples to marry on the same day of the marriage license application.

The Bronx senator, who was the only Democrat to vote against the gay marriage bill, argued that the hundreds of gay marriages that took place on Sunday were illegal because the same-sex couples did not wait the mandated 24 hours before marrying.

"When a couple registers for a marriage license they are supposed wait 24 hours before actually getting married," Diaz told The Christian Post. "This is illegal and criminal."

New York's gay marriage law took effect Sunday, 30 days after it was passed by the Legislature and signed into law by Gov. Andrew Cuomo.

To celebrate the first day that gay marriages were allowed in New York, city officials had provided a special judicial waiver to same-sex couples so they would be able to marry without waiting 24 hours after filing for a marriage license.

Diaz said the waiver was not legal because there are no emergencies that constitute such a waiver. He explained there are only three reasons a waiver should go forth, according to domestic law.

"The three reasons are if the state has an emergency, if one partner is facing immediate death or if there is a severe financial emergency that the couple is facing," Diaz explained to the crowd of over 5,000 at the gay marriage protest Sunday.

"I doubt any of these things happened with any of the newlywed gay couples. I am disappointed in Governor Andrew Cuomo and the judge who allowed this waiver to go forward."

Diaz did not want to give detailed information about what he hopes to gain from the lawsuit or what day next week it would be filed. He did make a point to say to the crowd that the people of New York should have had the chance to vote about same-sex marriages, not just the politicians.

Diaz helped to organize the "Let the People Vote" rally, which was coordinated by the National Organization for Marriage. Protesters at the rally demanded that state lawmakers approve legislation that would allow New Yorkers to vote on a constitutional amendment on marriage.

As the boisterous crowd was shouting, "Jesus, Jesus" and "Let the people vote," Diaz explained that contrary to the message proclaimed by the Kansas- based Westboro Baptist Church, which also joined protest in New York City, he does not condemn homosexuals or wish them harm.

A Pentecostal minister, Diaz said that the practice of homosexuality is a sin but said that God wants all to come to the cross of Jesus.

Reverend Dimas Salaberrios from Infinity New York Church in the Bronx echoed the same sentiments by saying he welcomes all who stand up for righteousness.

"There are demonic spirits in the air and evil can affect one's judgment," said Salaberrios. "We cannot redefine a word such as marriage and I do believe that the line has been crossed. This is not an anti-gay protest, it is a pro-marriage rally and the people should be allowed to vote."

In New York City, protesters gathered across the street from Governor's Cuomo's office on 633 3rd Ave, near 41st Street, and marched toward the United Nations.

"Let the People Vote" rallies also took place Sunday in Albany, Buffalo and Rochester.